Delhi HC prioritises legal proceedings for HIV-positive people, aims to safeguard rights, privacy

Delhi HC prioritises legal proceedings for HIV-positive people, aims to safeguard rights, privacy
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Highlights

The Delhi High Court has issued practice directions, stating that legal proceedings concerning HIV-positive individuals be taken up and disposed on a priority basis, while strictly maintaining their anonymity and confidentiality.

New Delhi: The Delhi High Court has issued practice directions, stating that legal proceedings concerning HIV-positive individuals be taken up and disposed on a priority basis, while strictly maintaining their anonymity and confidentiality.

This directive, issued by the court's administrative side in compliance with the Supreme Court's September 26, 2023 judgment, aims to safeguard the rights and privacy of individuals living with HIV.

According to the practice directions issued by Delhi High Court Registrar General, courts are mandated to prioritise legal proceedings related to HIV-positive persons in accordance with Section 34(2) of the HIV (Prevention and Control) Act, 2017.

Moreover, courts must ensure the anonymity and confidentiality of the HIV-positive individual by replacing their name with a pseudonym in the records of proceedings.

The Supreme Court's September 2023 verdict directed all courts, quasi-judicial bodies, tribunals, commissions, and forums handling judicial functions to actively comply with the provisions of Section 34 (suppression of identity) of the HIV Act.

Chief Justices of all High Courts were instructed to compile information and develop methods for anonymising the identity of affected individuals, while the Registrar General of the Supreme Court was tasked with framing relevant guidelines for implementation.

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